77 2018 Computer Misuse and Cybercrimes (7) A service provider who fails to comply with an order under this section commits an offence and is liable, on conviction — (a) where the service provider is a corporation, to a fine not exceeding ten million shillings; (b) in case of an officer of the service provider, to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years, or to both. 54. (1) A person who obstructs the lawful exercise of the powers under this Part, including destruction of data, or fails to comply with the requirements of this Part is liable, on conviction, to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years, or to both. (2) A police officer or an authorised person who misuses the exercise of powers under this Part commits an offence and is liable, on conviction, to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years, or to both. 55. Any person aggrieved by any decision or order of the Court made under this Part, may appeal to the High Court or Court of Appeal as the case may be within thirty days from the date of the decision or order. 56. (1) A service provider shall not be subject to any civil or criminal liability, unless it is established that the service provider had actual notice, actual knoWledge, or willful and malicioaa ninifAt, ,apd, not merely through omission or failure to act, had thereby facilitated, aided or abetted the ukPlfitiiiiY 13eiC6f 4 y ithiliAtter system controlled or managed by a service provider in connection with a contravealeamf thin Actetanylotheirl written law. (2) A service provider shirhof hell-able under this Act or any other law for maintaining and making available the provision of their service. (3) A service provider shall not be liable under this Act or any other law for the disclosure of any data or other information that the service provider discloses only to the extent required under this Act or in compliance with the exercise of powers under this Part. No. 5 Obstruction and misuse of power. Appeal. Confidentiality and limitation of liability.

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